providers of interactive television XS4ALL and KPN have several breaches of the Data Protection Act ( “DPA”) ended. The violations were identified following an examination of the Authority Authority ( “AP”) concerning the processing of personal data by XS4ALL and KPN parent.
The connection of TV on the Internet, it is possible for providers of digital television to observe the viewing habits of their viewers and to create profiles of them. Data on viewing behavior is sensitive personal data, because the data can provide a picture of a person’s preferences and interests. When viewing behavior at the individual level is kept identifiable people may feel inhibited to watch certain channels or programs.
If providers information about viewing habits to handle they should – in accordance with the Data Protection Act – to inform their viewers about the type of data, the purposes and retention periods. In this way viewers can make informed indicate whether they agree with the processing and thus whether they want to use the service.
XS4ALL and KPN process viewing habits of the customers that digital television and web television watching, which use interactive features like video on demand and using the personal storage space on servers KPN over a network video recorder. During its investigation, the AP noted inter alia that XS4ALL and KPN insufficiently informed their customers about the collection and use of data on viewer behavior for these services. Without permission asked the companies ratings on the viewing habits of their customers, while these data were traced back to individuals. Also, the AP held that the companies stored the data for longer than is necessary for the purpose of the processing.
Meanwhile, the information in the privacy statements of XS4ALL and KPN adapted and shortened the retention periods. Also adapts the traceability of the data, such that the information about the free service Video On Demand only be translated after 30 days in ratings after the original personal data is destroyed. Finally, the companies have adapted their systems, making the data on viewer behavior only be processed for technical purposes is strictly necessary, such as the transfer of communication.
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